Last year, the EU adopted a landmark regulation which aims to create a safer and more accountable online environment for consumers, known as the Digital Services Act (DSA). But internet giant Amazon seems to be playing legal tricks to delay complying with the DSA and question important parts of it. This would be detrimental to consumers when engaging with online platforms.
Next month, the Very Large Online Platforms (VLOPs) and Very Large Online Search Engines designated by the European Commission will have to comply with most of the DSA rules. However, Amazon recently challenged the Commission before the EU’s General Court claiming their Amazon Store is not a VLOP. An inevitable question arises then: if an internet giant like Amazon is not a ‘very large online platform’, who is? Is there a need to remind anyone what one A in ‘GAFAM’ stands for?
Amazon is trying to cast doubts over what is otherwise crystal clear in the law. The DSA unambiguously states that the European Commission will designate as a VLOP any online platform with more than 45 million average monthly active users in the EU. Just by having a look at their own website, one can clearly see Amazon self-declares to be above the 45-million threshold. This is in line with recent data suggesting that Amazon’s marketplace registers up to one billion visits per month in the EU. However, Amazon now seems to claim they do not fit the qualitative criteria to be considered a VLOP, that the designation process discriminates against them and that it violates the principle of equal treatment before the law − even if the figures speak for themselves.
Amazon also claims the provisions of the DSA applying to VLOPs “don’t benefit EU consumers” and represent an administrative burden. Well, we represent consumers’ interests and worked relentlessly to ensure the DSA was as ambitious as possible to better protect consumers online and hold platforms to account.
It doesn’t stop there. Amazon also seeks to invalidate two articles of the DSA that are crucial for consumers. The first one requires large companies to ensure consumers can choose not to be profiled when being recommended content. This rule, albeit not ambitiously enough, seeks to protect people from harms such as privacy intrusiveness. The other one requires VLOPs to establish an online advertisement repository. This is an important accountability and research tool which can facilitate fraud detection, for example.
In short, BEUC couldn’t disagree more with Amazon’s move. This is about a major company − which has become a gateway for legal but also many illegal and unsafe activities detrimental to consumers − challenging a big EU legislative win for consumer protection online. If successful, Amazon’s legal strategy would be detrimental to consumers across Europe. We can only hope it’s a flop and they’re labelled a VLOP for good. The DSA must be rolled out swiftly and diligently to ensure a safe, predictable and trusted online environment.